
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC4226]

 
                            TITLE 25--INDIANS
 
  CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
 
        SUBCHAPTER VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS
 
Sec. 4226. Environmental review


(a) In general

                        (1) Release of funds

        (A) In general

            The Secretary may carry out the alternative environmental 
        protection procedures described in subparagraph (B) in order to 
        ensure--
                (i) that the policies of the National Environmental 
            Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other 
            provisions of law that further the purposes of such Act (as 
            specified in regulations issued by the Secretary) are most 
            effectively implemented in connection with the expenditure 
            of grant amounts provided under this subchapter; and
                (ii) to the public undiminished protection of the 
            environment.

        (B) Alternative environmental protection procedure

            In lieu of applying environmental protection procedures 
        otherwise applicable, the Secretary may by regulation provide 
        for the release of funds for specific projects to the Department 
        of Hawaiian Home Lands if the Director of the Department assumes 
        all of the responsibilities for environmental review, 
        decisionmaking, and action under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.), and such other 
        provisions of law as the regulations of the Secretary specify, 
        that would apply to the Secretary were the Secretary to 
        undertake those projects as Federal projects.

                           (2) Regulations

        (A) In general

            The Secretary shall issue regulations to carry out this 
        section only after consultation with the Council on 
        Environmental Quality.

        (B) Contents

            The regulations issued under this paragraph shall--
                (i) provide for the monitoring of the environmental 
            reviews performed under this section;
                (ii) in the discretion of the Secretary, facilitate 
            training for the performance of such reviews; and
                (iii) provide for the suspension or termination of the 
            assumption of responsibilities under this section.

                (3) Effect on assumed responsibility

        The duty of the Secretary under paragraph (2)(B) shall not be 
    construed to limit or reduce any responsibility assumed by the 
    Department of Hawaiian Home Lands for grant amounts with respect to 
    any specific release of funds.

(b) Procedure

                           (1) In general

        The Secretary shall authorize the release of funds subject to 
    the procedures under this section only if, not less than 15 days 
    before that approval and before any commitment of funds to such 
    projects, the Director of the Department of Hawaiian Home Lands 
    submits to the Secretary a request for such release accompanied by a 
    certification that meets the requirements of subsection (c) of this 
    section.

                       (2) Effect of approval

        The approval of the Secretary of a certification described in 
    paragraph (1) shall be deemed to satisfy the responsibilities of the 
    Secretary under the National Environmental Policy Act of 1969 (42 
    U.S.C. 4321 et seq.) and such other provisions of law as the 
    regulations of the Secretary specify to the extent that those 
    responsibilities relate to the releases of funds for projects that 
    are covered by that certification.

(c) Certification

    A certification under the procedures under this section shall--
        (1) be in a form acceptable to the Secretary;
        (2) be executed by the Director of the Department of Hawaiian 
    Home Lands;
        (3) specify that the Department of Hawaiian Home Lands has fully 
    carried out its responsibilities as described under subsection (a) 
    of this section; and
        (4) specify that the Director--
            (A) consents to assume the status of a responsible Federal 
        official under the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) and each provision of law specified in 
        regulations issued by the Secretary to the extent that those 
        laws apply by reason of subsection (a) of this section; and
            (B) is authorized and consents on behalf of the Department 
        of Hawaiian Home Lands and the Director to accept the 
        jurisdiction of the Federal courts for the purpose of 
        enforcement of the responsibilities of the Director of the 
        Department of Hawaiian Home Lands as such an official.

(Pub. L. 104-330, title VIII, Sec. 806, as added Pub. L. 106-568, title 
II, Sec. 203, Dec. 27, 2000, 114 Stat. 2883, and Pub. L. 106-569, title 
V, Sec. 513, Dec. 27, 2000, 114 Stat. 2977.)

                       References in Text

    The National Environmental Policy Act of 1969, referred to in 
subsecs. (a)(1), (b)(2), and (c)(4)(A), is Pub. L. 91-190, Jan. 1, 1970, 
83 Stat. 852, as amended, which is classified generally to chapter 55 
(Sec. 4321 et seq.) of Title 42, The Public Health and Welfare. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 4321 of Title 42 and Tables.

                          Codification

    Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted 
substantially identical sections 806 of Pub. L. 104-330. This section is 
based on the text of section 806 of Pub. L. 104-330, as added by Pub. L. 
106-569, Sec. 513.
